As reported by Bridge Michigan, on April 11, 2023, the Michigan State Police began automatically expunging convictions of Michigan residents under the automatic expungement sections of the Clean Slate Act. MCL 780.621g, .621h, .621i.
Michigan Clean Slate's expungement provisions allow for setting aside convictions as follows:
up to 4 misdemeanors punishable by 93 days or more after 7 years from imposition of sentence;
unlimited misdemeanors with a lesser sentencing range, provided 7 years has elapsed since sentencing; and
up to 2 felonies after 10 years from the imposition of sentence or the completion of prison term.
Convictions for felonies or misdemeanors punishable by 93 days or more will not be automatically expunged if an individual has pending charges or has been convicted of a criminal offense maintained in the Michigan State Police database during the applicable waiting period. MCL 780.621g(6).
Key differences between automatic expungement and expungement by application include the following:
The time periods that trigger automatic expungement are different than those required for application. See MCL 780.621d, .621g(2)(a).
The number of felonies and misdemeanors that may be expunged differs. Automatic expungement under MCL 780.621g(5) allows up to 2 felonies and 4 misdemeanors while expungement via application under MCL 780.621(1) allows up to 3 felonies and has no specific misdemeanor limit.
A person is not eligible for automatic expungement if they have more than 1 assaultive crime or attempt to commit an assaultive crime on their record. MCL 780.621g(7). However, an expungement by application allows for 2 assaultive crimes to be set aside. MCL 780.621(1)(b).
Certain criminal convictions cannot be automatically expunged (some of these overlap with convictions prohibited for expungement by application, see MCL 780.621c(3)), under MCL 780.621g(10), including:
assaultive crimes, MCL 780.621(4);
serious misdemeanors, MCL 780.811(1)(a);
crimes of dishonesty, MCL 780.621g(15);
offenses punishable by more than 10 years imprisonment;
violations listed in the sentencing guidelines, MCL 777.1–.69, that involve a minor, a vulnerable adult, serious impairment, or death as an element of the offense;
human trafficking violations; and
any attempt of the above-listed crimes.
You can check your criminal record using the Michigan State Police’s Internet Criminal History Access Tool (ICHAT) for a $10 fee.
Attorney Joseph Campbell of JC Justice Center is a top rated Michigan criminal defense lawyer with a 100% success rate of expungement for his clients with criminal convictions including but not limited to serious misdemeanors, Operating While Intoxicated convictions, and felony convictions.
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